| Request for an advisory opinion from Eleanor Burke, Deputy Director of New Orleans and Central Business District Historic District Landmarks Commission ("HDLC"), on behalf of HDLC and its employee Gabrielle LeBlanc, as to whether a building inspector employed by HDLC may be employed as a private home inspector for a third-party employer. |
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Gabrielle LeBlanc was hired as a building inspector for HDLC in June 2021. Her job functions include identifying any and all items on the exterior of a property located in a local historic district that do not conform to the design guidelines of the district. Ms. LeBlanc would like to obtain employment with Axelrad and Associates ("Axelrad") as a private home inspector. Her functions in this role would include identifying all issues related to a property pertinent to a prospective homebuyer.
Ms. LeBlanc was has agreed that she will not conduct inspections for Axelrad for any properties in any of the 8 historic districts to which she has been assigned by HDLC.
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La. R.S. 42:1111C(1)(a) prohibits a public servant from receiving any thing of economic value for any service, the subject matter of which is devoted substantially to the responsibilities, programs, or operations of the agency of the public servant and in which the public servant has participated.
La. R.S. 42:1111C(2)(d) provides that no public servant and no legal entity in which the public servant exercises control or owns an interest in excess of twenty-five percent, shall receive any thing of economic value for or in consideration of services rendered, or to be rendered, to or for any person during his public service unless such services are: (d) Neither performed for nor compensated by any person or from any officer, director, agent, or employee of such person, if such public servant knows or reasonably should know that such person has or is seeking to obtain contractual or other business or financial relationships with the public servant's agency; conducts operations or activities which are regulated by the public employee's agency; or has substantial economic interests which may be substantially affected by the performance or nonperformance of the public employee's official duty.
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Adopt proposed advisory opinion.
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| Assigned Attorney: |
Charles Reeves |
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